CPS chief wants to lay off worst teachers first

Decision angers union, who argue that contract states that layoffs are based on tenure

June 23, 2010|By Azam Ahmed, Tribune reporter

As Chicago Public Schools layoffs loom, the school board voted Wednesday to empower the schools chief to place "unsatisfactory" teachers on the chopping block ahead of those with lesser tenure.

The resolution presented at a board meeting allows Huberman to fire the roughly 200 lowest performers first, rather than basing firing solely on seniority. The measure drew immediate fire from union leadership, who said it would circumvent the contract, in place since 2007.

The board policy allows for the dismissal of teachers who are already under remediation or whose last evaluation was "unsatisfactory." It would cover layoffs that result from drops in student enrollment, too.

While layoffs are not a certainty, the school district has an estimated half-billion-dollar budget deficit.

Huberman is using the Illinois school code as his rationale for the last-minute switch. Under the code, "performance ratings or evaluations" is one of several criteria to be considered in layoffs.

But that conflicts with the contract, which calls for layoffs based on tenure. Huberman and his legal team believe that the school code supersedes the contract.

"The Illinois school code takes precedence here," explained Huberman.

Others question that legal thinking.

While the board may have discretion under the state law, they have already exercised their choice by agreeing to a teacher contract, said Terry Smith, a law professor at DePaul University.

Further, tenure can be considered a property right, which means teachers are entitled to a due process hearing if it is going to be revoked, he said.

And finally, there is precedent for using the contract as a guidepost for layoffs.

"It's very important that they've adhered to seniority over the years because it indicates a mutual understanding of what the contract means," Smith said.

The newly elected teachers union president described the resolution as "illegal, unnecessarily confrontational and belligerent."

"The order of dismissal of teachers for budgetary reasons must be done according to tenure unless another method is established" with the union, said Karen Lewis, president-elect of the Chicago Teachers Union.

Beyond the debate over legality, though, Huberman said removing the most poorly rated teachers "is the right thing to do."

"We have been struggling with the fact that these layoffs were going to mean that many of our most enthusiastic teachers might ultimately be the ones who lose their job," he said.